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HomeMy WebLinkAboutRES 010819-G - PCN Acquisition Real PropertyRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR ACQUISITION OF REAL PROPERTY TO EFFECTUATE CERTAIN PUBLIC ROAD AND UTILITY INFRASTRUCTURE IMPROVEMENTS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to facilitate the safety and movement of traffic and to preserve the financial investment of the public in its roadways and utility infrastructure, and protect the safety of the public, the City of Georgetown (the "City") hereby finds that public convenience and necessity requires the acquisition in fee simple of that certain tract of land totaling 0.271 acres (the "Property"), more or less, described as follows: Fee Simple Tracts: Being a 0.271 acre (11,820 square foot) tract of land situated in the Nicholas Porter Survey, Abstract 497, Williamson County, Texas, and being a portion of Lot 13, Block "A", Parkview Estates Section Five, a subdivision according to the plat thereof recorded in Cabinet G, Slide 48-50 of the Plat Records of Williamson County, Texas, and as described in the Special Warranty Deed to Chosen Propco PPTX, LLC (85% interest) and Meds PROPCO PPTX, LLC (15% interest) recorded in Document No. 2015037118 of the Official Public Records of Williamson County, Texas, more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. Exhibit "A" is incorporated herein by reference as if fully set out, for public road right of way, over under and across the Property located in Williamson County, Texas, and for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating the extension and improvement of FM 971 in Williamson County, Texas. WHEREAS, as provided for in Section 251.001, 273.001 of the Texas Local Government Code, and under the general authority granted in Section 311.001 of the Texas Transportation Code, the City finds and determines that the Property is necessary or convenient as a part of the roadway system for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating the hereinafter described Project in Williamson County, Texas, including utility improvements, public drainage utility infrastructure improvements, the construction of cut/fill slopes, and/or other public uses and purposes related thereto as permitted by law (hereinafter the "Project"), and it is necessary to acquire fee simple title in the Property or such lesser property interests as set forth in the attached exhibits. The City finds and determines that condemnation of the Property may be required. Resolution No. D v Date adopted: 1 $ Finding Public Convenience & Necessity for the acquisition of real property from Chosen PROPCO (Parcel 2, FM 97 1) Page 1 of 4 IT IS THEREFORE ORDERED that the initiation of condemnation proceedings for the Property is adopted and authorized by a single order for the Property, and this first vote by the City applies to all of the Property identified in the attached exhibits. IT IS FURTHER ORDERED that the City Attorney is hereby authorized to proceed to condemnation on the Property, if necessary, and directed to transmit or cause to be transmitted this request of the City to legal counsel to file or cause to be filed against all owners, lienholders, and any owners of any other interests in the Property, proceedings in condemnation to acquire in the name of and on behalf of the City, fee simple title to the Property or such lesser estates or property interests as are more fully described in the attached exhibits, save and except oil, gas, and sulfur, as provided by law, as follows: Fee Simple Tract: Being a 0.271 acre (11,820 square foot) tract of land situated in the Nicholas Porter Survey, Abstract 497, Williamson County, Texas, and being a portion of Lot 13, Block "A", Parkview Estates Section Five, a subdivision according to the plat thereof recorded in Cabinet G, Slide 48-50 of the Plat Records of Williamson County, Texas, and as described in the Special Warranty Deed to Chosen Propco PPTX, LLC (85% interest) and Meds PROPCO PPTX, LLC (15% interest) recorded in Document No. 2015037118 of the Official Public Records of Williamson County, Texas, more fully described by metes and bounds and sketch in Exhibit "A" attached hereto. WHEREAS, in order to effectuate the Project, it will be necessary and convenient that the employees, agents, and/or representatives of the City to lay out the Project and acquire the necessary right of way upon, over, under and across the Property for the purpose of construction, reconstruction, operation, and maintenance of public road, water quality and/or drainage utility infrastructure improvements and the construction of cut/fill slopes adjacent to the Project, and appurtenances thereto, and for the use of any excavated materials from the Property for use in construction of such roadway and/or utility infrastructure improvements; WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title companies, architects, or other persons or companies to effect the laying out, establishment, and acquisition of the Property for the Project; WHEREAS, in order to acquire the Property, it will be or has been necessary for the City's employees, agents, and/or representatives, to enter upon the Property for the purposes of surveying and establishing said land titles and to determine adequate compensation for the Property, to conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and, WHEREAS, it was necessary to set out procedures for the establishment and approval of just compensation for Property to be acquired for the Project; Resolution No. 4 I ()'R I ` r; Date adopted: Ipl `� Finding Public Convenience & Necessity for the acquisition of real property from Chosen PROPCO (Parcel 2, FM 971) Page 2 of 4 Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown: 1. That in order to promote the public health, safety, and welfare, public convenience and necessity requires the acquisition of right of way in fee simple on, over, under and across the real property described hereinabove and in the attached Exhibit "A", for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and operating of the Project in Williamson County, Texas, including utility improvements, public water quality and drainage utility infrastructure improvements, the construction of cut/fill slopes, and/or other public uses and purposes as permitted by law. 2. That the City's employees, agents, and/or representatives are hereby authorized to: a. Lay out the exact location of the land area needed from the Property or other properties; b. Hire such engineers, surveyors, appraisers, title companies, architects, and other persons or companies needed to effect the laying out of the facilities for the Project, the establishment and acquisition of the required right of way, and the construction of permanent public road, water quality and drainage and/or utility infrastructure improvements, and appurtenances thereto; Enter upon any property necessary for the purpose of surveying and establishing the title, in order to determine adequate compensation for the right of way being acquired, and to conduct tests; d. Negotiate with the owner(s) of any such properties for the purchase thereof; e. To purchase any necessary right of way on, over, under and across the Property, and execute all documents necessary to acquire such Property, all subject to the City Council's express approval of the specific, negotiated terms of the acquisition; f. Initiate eminent domain proceedings against the owner(s), lienholders, and any owners of any other interests in the Property to obtain the necessary title(s) for the Property in the event the owner(s) fail(s) to accept a bona fide offer to purchase the Property; and g. Take whatever further actions are deemed appropriate to economically effect the establishment of the Project and appurtenances thereto. Resolution No. C) 10 S. 19 - Date adopted: Finding Public Convenience & Necessity for the acquisition of real property from Chosen PROPCO (Parcel 2, FM 971) Page 3 of That all previous acts and proceedings done or initiated by the City's employees, agents, and/or representatives for the establishment of the Project, including the negotiation for and/or acquisition of any necessary property rights in the Property are hereby authorized, ratified, approved, confirmed, and validated. This resolution shall take effect immediately from and after its passage. 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest thereto on behalf of the City of Georgetown. 7. This resolution shall be effective immediately upon adoption. RESOLVED by 2019. ATTEST: the City Council of the City of Georgetown this S day of Shelley Now ' Cit Secre APPROV O FORM: f 1. � C arlie McNab , City Attorney THE CITY OF GEORGETOWN: By: 44Z Dale Ross, Mayor Resolution No.—C�t Date adopted: 14 laol Finding Public Convenience & Necessity for the acquisition of real property from Chosen PROPCO (Parcel 2, FM 971) Page 4 of 4 Page 1 of 4 06/15/2017 EXHIBIT A County: Williamson Parcel No.: 2 Project: Northwest Boulevard PROPERTY DESCRIPTION FOR PARCEL 2 DESCRIPTION OF A 0.271 ACRE (11,820 SQUARE FOOT) TRACT OF LAND SITUATED IN THE NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, AND THE ANTONIO FLORES SURVEY, ABSTRACT NO. 235 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 13, BLOCK "A", PARKVIEW ESTATES SECTION FIVE, A SUBDIVISION OF RECORD IN CABINET G, SLIDE 48-50 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND DESCRIBED IN SPECIAL WARRANTY DEED TO CHOSEN PROPCO PPTX, LLC (85% INTEREST) AND MEDS PROPCO PPTX, LLC (15% INTEREST) RECORDED IN DOCUMENT NO, 2015037118 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.271 ACRE (11,820 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a 1/2" iron rod found, being 370.72 feet left of Proposed Northwest Boulevard Baseline Station 137+70.56 in the existing westerly right-of-way (ROW) line of Gann Street (64' ROW width) as platted in Parkview Estates Section 1, a subdivision of record in Cabinet G, Slide 39-41 of the Plat Records of Williamson County, Texas, same being the northeasterly corner of said Lot 13, Block "A", also being the southeasterly corner of Lot 12, Block "A", said Parkview Estates Section Five; THENCE, departing said Lot 12, with said existing westerly ROW line, same being the easterly boundary line of said Lot 13, S 18°42'13" E for a distance of 295.87 feet to an iron rod with aluminum cap stamped "COG -ROW 5050" (Grid coordinated determined as N=10212044.10, E=3134580.36) set 75.00 feet left of Proposed Northwest Boulevard Baseline Station 137+81.62, being in the proposed northerly ROW line of said Northwest Boulevard (ROW width varies), for the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1. THENCE, departing said proposed ROW, continuing with said existing westerly ROW line, same being the easterly boundary line of said Lot 13, Block "A", S 18°42'13" E for a distance of 18.60 feet to a cotton gin spindle found for the point of beginning of a non -tangent curve to the right; 2. THENCE, along said curve to the right, having a della angle of 92°01'45", a radius of 15.00 feet, an arc length of 24.09 feet, and a chord which bears S 27027'05" W for a distance of 21.59 feet to a 1/2" iron rod found, being in the existing northerly ROW line of FM 971 (80' ROW width), sarne being the southeasterly corner of said Lot 13, Block "A", for the southeasterly corner of the herein described tract; THENCE, with said existing northerly ROW line, same being the southerly boundary line of said Lot 13, Block "A", the following two (2) courses: 3. Along a curve to the right, having a delta angle of 09°14'08", a radius of 1870.08 feet, at an arc distance of 232.53 feet, pass a 1/2" iron rod found and continuing for a total arc length of 301.44 feet, whose chord bears S 78°02'12" W, for a distance of 301.11 feet to a calculated point of non -tangency; 4. S 83°00'48" W for a distance of 135.06 feet to an iron rod with aluminum cap stamped "COG -ROW 5050" set 75.00 feet left of Proposed Northwest Boulevard Baseline Station 133+40.84, being in said proposed ROW line, for the westerly corner of the herein described tract, and from which a concrete monument found, being the southwesterly corner of said Lot 13, Block "A" bears with said existing northerly ROW line, S 83°00'48" W at a distance of 142.88 feet to a calculated angle point and S 82°43'57" W at a distance of 342.86 feet; THENCE, departing said existing northerly ROW line, through the interior of said Lot 13, Block "A", with said proposed ROW line, the following seven (7) courses: Page 2 of 4 06/15/2017 5. Along a curve to the right, having a della angle of 09°14'05", a radius of 1015.00 feet, an arc length of 163.59 feet, and a chord which bears N 71°35'40" E for a distance of 163.42 feet to an iron rod with aluminum cap stamped "COG -ROW 5050" set 75.00 feel left of Proposed Northwest Boulevard Baseline Station 134+92.34, for a point of non -tangency; 6. S 13°47'17" E for a distance of 12.72 feel to an iron rod with aluminum cap stamped "COG -ROW 5050" set 62.68 feet left of Proposed Northwest Boulevard Baseline Station 134.1.92.34, for an angle point; 7. S 66041'52" E for a distance of 15.38 feet to an iron rod with alurninm cap stamped "COG -ROW 5050" set 53.08 feet left of Proposed Norlhwest Boulevard Baseline Station 135+03.96, for an angle point; 8. N 78052148" E for a distance of 36.04 feet to an iron rod with alurninurn cap stamped "COG -ROW 5050" set 52.50 feet left of Proposed Northwest Boulevard Baseline Station 135+38.19, for an angle point; 9. N 03°49'03" W for a distance of 22.68 feet to an iron rod with aluminum cap stamped "COG -ROW 5050" set 75.00 feet left of Proposed Northwest Boulevard Baseline Station 135+41.08, for an angle point; 10. N 78°52'48" E for a distance of 74.72 feet to an iron rod with alurninum cap stamped "COG -ROW 5050" set 75.00 feet left of Proposed Northwest Boulevard Baseline Station 136+15.80, for a point of curvature to the left; 11, Along said curve to the left, having a delta angle of 05°56'17", a radius of 1525.00 feet, an arc length of 158.05 feet, and a chord which bears N 75°54'39" E for a distance of 157.98 feet to the POINT OF BEGINNING, containing 0.271 acres (11,820 square feet) of land, more or less. This properly description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON § That I, Lawrence M. Russo, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct and that the properly described herein was determined by a survey made on the ground under my direct supervision. MY HAND AND SEAL at 1 ou SA La rence M. Russo f4dgistered Professional Land Su► �pyor Inland Geodetics, LP Firm Registration No: 100591-00 1504 Chisholm Trail Road, Suite 103 Round Rock, TX 78681 d Rock, Williamson County, Texas. S:\_Klotz-Projects\Northwestblvd\Parcels\Parcel 2 Chosen & Meds Propco.doc _ EXHIBIT " PLAT TO ACCOMPANY PARCEL DI;. RIPTION 06/16/17 PAGE 3 OF 4 LOT 2 A..MENDEDi PLAT PARKVIEW ESTATES SECTION ONE, BLOCK A 1_LOrS 10 & I'I AND 0 .i0 100 ` PARKVIEW ESTATES LOT 3 SECTION FIVE ► BLOCK A, LOT 14y� 1 " = 100' CAB. V, SL. 07-198 P. R. W. C. STA.T" ��l LOT I 1 ► 1 ',\ f 370.7137L70.56 + LOT 12 PARKVIEW ESTATES +t �► ` ► SECTION ONE CAB. G. SL. 39-41 P. R. I'!. C. T. Y ► I LI S18°42'13"E 18.60' ►► �� N78. 52' 48 "E BLOCK .A. r Nt li y to• � D 2 L3 .11.1 co 142.88' i\� n� L O T 13 S82 -43'57"W N j, oZ (CI) PARKVIEW ESTATES ', (1 5. 00') SECTION FIVE ' Z a oil (21.62') CAB. G, SL. 48-50 + +' A^` � �• C2 P. R. W. C. T. + 1 c 0. DR, n+,tn ,I , r ' •IP 1 P. 0. B. :-4 i, ,' :I y► ti} 1 ► i i'r k "I Ari + F - ► 1 v S STA. 1 37.81. 62 -a GSr 7TO CHOSEN PROPCO PPTX, LLC ►' +:I' ..n'., i'.rn Ir,t N & MEDS PROPCO PPTX. LLC ► 1, r rrlinl);nr,1 r '; E:U DOC. NO. 2015037118 ► ► ti ns; s.u,r; l ►'v (301,11') O. P. R. W. C. T. S �TA, 136.15.80 �+ tL + 75\.00' LT sSEE D. DETAIL "A" i � CA0.271 / AC. � 9 1 VFr Lt 1 57. 98' N75° 54' 39"E 11,820 SO. FT. f I •.I , 1 i STA. 133+40.84 I t 75.00' LT La $83° 00;48.w 277, 88') gAs£ rss (S82° 55' 42"�{ i 0^40 kofLlvo . w pRtO m t:x15T1NG R.O.W. �:3�%QST►0'�� 'f RI��R�gHA oEN'DR ao S. M o. w.9 p1I! TENSIBLE f , OSR. O, W. NUMBER DIRECTION DISTANCE LI S18°42'13"E 18.60' L2 N78. 52' 48 "E 74.72' L3 S83° 00' 48 "W 142.88' L4 S82 -43'57"W 342.86' CEL 2 Sr\"KLOil-PROJECTS\WRTHWEST13LVD\PARCELS\PARCEL 2 -CHOSEN AND MEDS PROPCO\parcel-2-CHOSEN AND KEDS PROPCO.dgn NUMBER DELTA ANGLE RADIUS ARC LENGTH CHORD LENGTH CHORD DIRECTION C 1 92° 01 ' 45" 15. 00' 24, 09' 2 1. 59' S27° 27' 05" W (CI) (92° 1 2' 00") (1 5. 00') (24.W) (21.62') C2 09° 1 4' 08" 1870.08' 301. 44' 301.1 1 ' S78° 02' 12"W (C2) (09°14'08") (1870.08') (301,44') (301,11') C3 09° 1 4' 05" 1 01 5. 00' 163. 59' 1 G3. 42' N71'35'40" E C4 05° 56' 1 7" 1 525. 00' 158.05' 1 57. 98' N75° 54' 39"E I N L A N D u GI oD>=rocs PARCEL CHOSEN PLAT SHOWING PROPCO PROPERTY OF PPTX, LLC T'RQFES5IDNAL ihMh SL1RVlEYORS & MEDS PROPCO PPTX, LLC PAR 504 01151101-M 7RAIL RD. STE. 103 -�-� — _ ROUND ROCK, TX 78681 P8. (512) 238-1200, FAX (512) 278.1251 SCALE PROJECT COUNTY F1RAI RFGISTRAT10:1 NO. 10 S91-00 I " = 10— 0' NORTHWES f BLVD. W I LL I AMSON CEL 2 Sr\"KLOil-PROJECTS\WRTHWEST13LVD\PARCELS\PARCEL 2 -CHOSEN AND MEDS PROPCO\parcel-2-CHOSEN AND KEDS PROPCO.dgn EXH 1817 W PLAT TO ACCOMPANY I ARCBL DESCRIPTI®N 06/16/1 LEGEND PAGE 4 OF 19 TXDOT TYPE I CONCRETE MONUMENT FOUND N DENOTES COMMON OWNERSHIP 0 1/2" IRON ROD FOUND UNLESS NOTED P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE '/2" IRON ROD FOUND W/PLASTIC CAP N. T. S. NOT TO SCALE © COTTON GIN SPINDLE FOUND D. R. W. C. T. DEED RECORDS 0 IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "COG -ROW -5050" SET O, R. W. C. T. OFFICIAL RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS 0. P. R. W. C. T. OFFICIAL PUBLIC RECORDS A CALCULATED POINT WILLIAMSON COUNTY, TEXAS CENTER LINE P. R. W. C. T. PLAT RECORDS WILLIAMSON COUNTY, TEXAS R PROPERTY LINE ( } RECORD INFORMATION LINE BREAK OCK A 0L X05 STA. 135.41.08 75.00' LT STA. 1 34.92.34 75.00' L T STA. 134.92.34 L2 62.68' LT Z STA. 135.03.96 O 53.08' LT Nle C� N STA. 135-38.19 0\1-9 52.50' LT S13° 47' 17"E q8"E 00 C> B 1 2. 72' Sq� NZ O PTIOPp$�'JD s• 3gS� °F x32. S3, O� F. M- 971 DETAIL "A" N. T. S. NOTES: 1) BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE. DISTANCES ARE SURFACE DISTANCES, 2) THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE ABSTRACT. THERE MAY BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A 01.. 5U VEY MADE ON THE GROUND UNDER MY DIRECT :••" "•� 1 ISION. ,�@`4r8rtiF Ln�;Ul PAVIRENCE M. YnA RUSSO "••••••.••�.......� ACRES I SWRE REGISTERED PROFESSIONAL LA SURVEYOR NO. 5050 V �y1 v �. ACQUISITION 0.271 INLAND GEODETICS, FEET 11,820 LLCy • lir ��� � fr 1 F I RM REG I STRAT I ON NO. 100591 -00 r �. ylllsl''•!j 1504 CHISHOLM TRAIL ROAD, SUITE 103 (] .•''�44, CALC/DEED AREA 6.8831 299,823 ,.�, `ry=r{ ROUND ROCK, TX 78681 _L ��. . I REMAINDER AREA 6.612 288,003 I N L A N D u PARCEL PLAT SHOWING PROPERTY OF CHOSEN PROPCO PPTX. GEODETICS LLC PROFESp NAL LAND SURVEYORS 1504 CHISHOLNI &MEDS PROPCO PPTX, LLC 9 PARCEL TRAIL RD. STE. 103 ROUNDRDCS,TX.78681 P)I, (51.2) 238.1206, FAX (512) 238-1251 6 SCALE PROJECT COUNTY FIRMRE06TRAT(ONNO.100591-0o I" = I00' NORTMPIEST BLVD. WILLIAMSON S:\■KLOTZ-PROJECTS\NORTHI'IESTBLVU\PARCELS\PARCEL 2 -CHOSEN AND }ZEDS PROPMporceI-2-CHOSEN AND MED.S PROPCO.dgn